Allowed

Amresh Sonkar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Allahabad HC20 Aug 2024BAIL/8824/2024

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by Amresh Sonkar. The Allahabad High Court, Lucknow Bench, released the applicant on bail in Case Crime No. 345 of 2024 involving IPC offences. The court imposed specific conditions regarding appearance, witness safety, and cooperation with the trial.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties with conditions to maintain peace, attend court, and not tamper with evidence.

Amresh Sonkar vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:72679

¶2

Court No. - 15

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8824 of 2024

¶4

Applicant :- Amresh Sonkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Mohd.Mateen Counsel for Opposite Party :- G.A.

¶5

Hon'ble Shree Prakash Singh,J.

¶6

Rejoinder affidavit filed today is taken on record.

¶7

Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.

¶8

The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No.345 of 2024, under Section 323, 504, 506, 307 I.P.C., P.S.-Kotwali Dehat, District Balrampur.

¶9

It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He submits that general role has been assigned to the applicant including two other co-accused persons for beating the injured with lathi-danda but there is no fracture as per the X-ray report and there is no injury of axe on the body of the deceased and co-accused Mohan Sonkar who is alleged to have attacked with axe has already been granted bail by this Court in Criminal Misc. Bail Application No.8634 of 2024, vide order dated 21.10.2024. There is no previous criminal history of the applicant, which has been explained in para 26 of the bail application and the applicant is languishing in jail since 6.7.2024 and in case, the applicant is granted bail, he will not misuse the liberty and would co-operate in the trial proceedings.

¶10

Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on bail.

¶11

Having heard the learned counsel for the parties and after perusal of record, it transpires that general role has been assigned to the applicant including two other co-accused persons for beating the injured with lathi-danda; co-accused

¶12

Mohan Sonkar, who is alleged to have attacked with axe has already been granted bail by this Court; there is no previous criminal history of the applicant, which has been explained in para 26 of the bail application; the applicant is languishing in jail since 6.7.2024 and he has undertaken that he will not misuse the liberty of bail if granted and would co-operate in the trial proceedings.

¶13

Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.

¶14

Let the applicant Amres Sonkar involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

¶15

(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

¶16

(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

¶17

(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

¶18

(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

¶19

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to

¶20

cancel the bail and send the applicant to prison.

¶21

It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

¶22

Order Date :- 25.10.2024 Ram Murti

¶23

Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Amresh Sonkar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

What is this about?

What did the court decide?

Amresh Sonkar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Nazmeen Akhtar @ Nazzo Vs State of U.P Thru. Prin. Secy. Home Deptt. Lko.

Rajesh @ Patela vs State of U.P. Thru. Prin. Secy. Home Lko.

Sumitra and Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Salman Shaikh vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

Vikku Alias Vikas Tiwari vs State of U.P. Thru. Prin. Secy. Deptt. Home Lko.

Harendra Kumar Singh vs State of U.P. Thru. Prin. Secy. Home Lko and Another